77-19-6. Sentence of death -- Warrant -- Delivery of warrant -- Determination of execution time.
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Effective 5/6/2026
77-19-6. Sentence of death -- Warrant -- Delivery of warrant -- Determination of execution time.
(a)When a judgment of death is rendered for a defendant, the sentencing court shall:
(i)immediately transmit a statement of the conviction and sentence and a summary of the evidence given at trial to the Board of Pardons and Parole; and
(ii)draw and deliver a warrant, signed by the judge and attested by the clerk under seal of the court, to the sheriff of the county where the conviction occurred.
(b)The sheriff shall deliver the warrant and a certified copy of the judgment to the executive director of the Department of Corrections, or the executive director's designee, at the time of delivering the defendant to the custody of the Department of Corrections.
(a)Subject to Subsection (2)(b) , the warrant shall state the conviction, the sentence, the method of execution, and the day on which the sentence is to be executed.
(b)The day on which a sentence is to be executed may not be:
(i)sooner than 30 days after, or later than 60 days after, the day on which the sentencing court issues the warrant; or
(ii)a Sunday, Monday, or a legal holiday under Section 63G-1-301 .
(3)The Department of Corrections shall determine the hour, within the appointed day, at which the sentence is to be executed.
Amended by Chapter 345 , 2026 General Session